How Do I Fight A Reckless Driving Charge in Virginia? Anyone may represent himself or herself in any criminal case, but it is not generally advised. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. When you plead guilty, you are agreeing to a criminal recordfor life. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. The problem is that question depends upon all the facts and circumstances of your case. Pleading to less serious charges. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Jacob has been our lawyer for 3 years now and he is excellent. Additionally, you may never even need to enter a courtroom. Mar 2, 2023 Education. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. We would want to make them have to do their job and prove it, and maybe they cant prove it. Virginia Traffic Court: Should I plead No Contest or Guilty? If the date is further out, then it is likely your actual trial date. In some states, certain acts are automatically considered reckless, such as: To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. We provide transparent flat fees and flexible payment plans in most cases. Do you know how hard it is to find a lawyer that you can trust? 3437 W. Cary St. Richmond, VA 23221 One is to get your speedometer calibrated at a Virginia auto shop. Avoiding jail time. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. If youre charged with reckless driving, consult a lawyer immediately. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Testimonials & Reviews: Our Clients Words. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. What Happens if You Get a Speeding Ticket in Virginia? If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. And in most states, this is not admissible in civil proceedings. Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. What are the Advantages of Taking a Plea Deal in Virginia? If you have any questions about the court date you should reach out to the Clerk of the court. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. In most cases, you can resolve them by simply paying the associated fine online. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. In Virginia, you have the automatic right to appeal any finding by the general district court. Can I Appeal My Virginia Reckless Driving Charge? It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. This field is for validation purposes and should be left unchanged. These penalties are commonly referred to as collateral consequences. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. Instead, the maximum penalty for speeding is usually only a $250 fine. You were driving on the day of the offense. As you can no doubt see, it this is not a decision to be made lightly. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. 2023 Simms Showers, LLP. However, you should note that youll never receive a ticket for improper driving.. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. When you make a mistake and you cut your arm, please call a doctor. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. What Happens if You Get a Speeding Ticket in Virginia? Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense Making a good impression on the judge is especially helpful in this regard. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. There are several ways to avoid reckless driving charges in Virginia. 888-DUI-LWYR | 703-361-6100. Even if you have already been found guilty of reckless driving, you may be able to appeal. Make sure to attend both your first appearance (if applicable) and your trial date. I wouldnt be in school right now if it wasnt for Jacob and his team. First, depending on your district, you should commit to performing community service before your trial date. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. You are not pleading guilty to reckless driving by signing the summons. 46.2-868. Reckless driving; penalties - Virginia Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. We provide free consultations for cases in our area. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. Contactme today to discuss your cases facts to determine the best option for you! Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. Plea Bargains in Virginia Reckless Driving Cases | Charles V It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. Your home states laws will determine whether any offense will apply to your driving record there. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. It is only a promise that you will be in court. All rights reserved. But of course we cant know for sure until we talk with the officer and any other witnesses. What Is a Wet Reckless in Virginia? In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. This video explains a little about the different plea options and how we decide together what you should plead. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Jayson Werth of Washington Nationals pleads guilty to reckless driving As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. A plea of no contest, on the other hand, contains no admission. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. FREE Virginia DUI/DWI Arrest Survival Guide! Showing the court evidence of this may also help your case. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Please call today to schedule a free, no-obligation consultation. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. No. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Were you or a family member charged with reckless driving in Virginia? The trial itself will be conducted in the same general fashion as your first trial. serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. three and six demerit points to your license. Virginia is notoriously harsh in its treatment of driving crimes. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. This law firm website and legal marketing are managed by MileMark Media. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. What is Constructive Desertion in Virginia. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. EVER. However, you can appeal the outcome of your case and receive a new trial with a different judge. Schedule your consultation today and lets talk about what we can do for you! In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. I am happy to work with you based on your convenience. Andrew wrote the book on DWI. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. However, the law was repealed a year later, and this is no longer a potential consequence. Second, you should look into taking driver improvement courses prior to your trial. Now its the courts turn. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding.
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